I had a restraining order on my ex due to domestic violence charge. It expires in 3 weeks. She did violate the order 4 times. She pled guilty to harassing calls. Will the judge grant the extention if she had violated the original order. Do I need to get a lawyers help ?
Criminal Defense Attorney
The court should grant your motion to extend the injunction because the respondent committed acts after the issuance of the injunction which gives rise to a reasonable fear of imminent domestic violence. Although the respondent was charged with harassing telephone calls, you should argue that you were the victim of aggravated stalking (repeated harassment while an injunction is in place). It does not matter what charge the State decided to pursue; it is whether the facts of the violation presented to the injunction court constitute the definition of stalking. The injunction court must extend an injunction if it finds that, after the injunction was ordered (1) the respondent committed acts giving the petitioner a reasonable fear of imminent domestic violence, OR (2) the respondent was the victim of domestic violence (i.e., stalking or aggravated stalking [harassing telephone calls is not considered violence]). It would be prudent to hire an attorney to plead the formal motion and argue for a permanent injunction.